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(영문) 의정부지방법원 고양지원 2015.12.10 2015고정958

근로기준법위반

Text

Defendants shall be punished by a fine of KRW 1,500,000.

The Defendants did not pay each of the above fines.

Reasons

Punishment of the crime

1. Defendant A is an employer who is a private constructor who was awarded a subcontract from the representative director B of E Co., Ltd. to KRW 385,000,000 on July 29, 2014 and constructed reinforced concrete construction works from August 1, 2014 to September 17, 2014, using 20 full-time workers, at the site of tourist hotel construction works located in D in D in Pjuju.

When a worker dies or retires, the employer shall pay the wages, compensations, and other money and valuables within fourteen days after the cause for such payment occurred.

Provided, That the date may be extended by mutual agreement between the parties in extenuating circumstances.

Nevertheless, on the ground that the Defendant did not receive KRW 200,000 for the subcontract completion payment from B from September 1, 2014 to September 16, 2014, F’s wage of KRW 1,275,000 from September 16, 2014 as well as KRW 1,275,00 on September 1, 2014, the Defendant did not pay KRW 13,100,000 for the total wages of KRW 17 for each item of public interest as shown in the attached crime list (where the number 6 is omitted and the number 15 per year overlap, but there is no change in the total number 17) without agreement between the parties to the extension of the due date.

2. Defendant B, as the representative director of Yeonsu-gu G and Ddong 901, employs 40 full-time workers, and executes the construction of the above tourist hotel from the client H with the contract of KRW 3,500,000,000, and is a direct contractor who subcontracts the above part of the wooden construction to KRW 385,000,000.

Where a construction business is conducted on two or more occasions, and a subcontractor who is not a constructor under subparagraph 7 of Article 2 of the Framework Act on the Construction Industry fails to pay wages (limited to wages generated from the relevant construction works) to his/her workers who are not the constructor under subparagraph 7 of Article 2 of the Framework Act on the Construction Industry.